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Court of Appeal Upholds Order for Boy's Return to South Africa

The Court of Appeal has dismissed an appeal against an order of the High Court that a 14-year-old boy who had remained in England after visiting his father should return to live in South Africa. The boy's parents, both South African nationals, had married...

Applications to Recognise Nikkah Ceremonies as Marriages Refused

A marriage is generally recognised in English law if it is valid under the law of the country in which it takes place, a legal principle known as lex loci celebrationis (the law of the place of the celebration). That principle was central to a recent...

Continued Storage of Gametes and Embryos Lawful, High Court Rules

In certain circumstances, the courts are able to grant permission for continued storage of gametes or embryos where the strict legislative requirements for consent to such storage have not been complied with. Recently, the High Court considered 15...

Husband's Pensions Did Not Become Matrimonialised, Court Rules

The Family Court has ruled in financial remedy proceedings that a significant part of the value of a husband's pensions had accrued during the marriage, but rejected the argument that his pensions had become fully 'matrimonialised'. The husband and wife...

High Court Grants Father's Application for Girls' Return to Zimbabwe

The High Court has ruled that two girls, aged 10 and six, whose mother brought them to the UK without their father's consent should return to Zimbabwe . The girls and their parents were Zimbabwean nationals. The parents had married in 2014 but never lived...

Family Court Departs from Equality in Big-Money Divorce Case

The Family Court has ruled in financial remedy proceedings that a departure from an equal division of assets was appropriate in view of the fact that riskier and less liquid business assets would be retained by the husband. The husband and wife had met in...

Court Gives Indication of Outcome in Financial Remedy Proceedings

In a recent ruling on a wife's application for a financial remedy order , the Family Court accepted that her caring responsibilities for the couple's son justified a departure from the sharing principle. The Court handed down its judgment as an indication...

Family Court Rejects Husband's Claim That He Owed £1.6 Million

The courts are alert to the risk of divorcing couples being less than honest about their assets and liabilities in financial remedy proceedings. Recently, the Family Court rejected a husband's assertion that he owed £1.6 million to a company owned by...

Local Authority Granted Permission to Withdraw Care Proceedings

The Family Court recently granted a local authority permission to withdraw an application for a care order in respect of a two-year-old girl, after the local authority concluded that, in the light of the medical evidence, it would not be able to meet the...

Husband's Application to Set Aside Financial Remedy Order Fails

The Family Court has rejected a husband's application to set aside a financial remedy order made in his absence after he ceased to participate in the final hearing. The husband and wife had separated in 2022 after 15 years of marriage. On the first day of...
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